DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5809)

CBQ BUILDERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 JULY 2021

Application for approval of the CBQ BUILDERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CBQ BUILDERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved an application for approval of the CBQ BUILDERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The parties to the dispute were the CBQ BUILDERS PTY LTD, represented by their legal counsel, and the CFMEU (Victorian Construction and General Division), also represented by their legal team. The primary issue before the court was to determine whether the agreement met the requirements for approval under the relevant industrial relations legislation.

The legal issues that the court was required to decide included whether the agreement provided for fair and reasonable terms, was consistent with the applicable industrial relations laws, and adequately addressed the rights and obligations of both parties. The court also had to consider whether the agreement was negotiated in good faith and if it provided a framework that balanced the interests of the employer and employees. Additionally, the court assessed whether the agreement contained provisions that were fair and appropriate in terms of wages, working conditions, and dispute resolution mechanisms.

In its reasoning, the court carefully examined the terms and provisions of the agreement. It found that the agreement was negotiated in good faith and contained terms that were fair and reasonable for both parties. The court noted that the agreement provided for appropriate wage increases, detailed working conditions, and established clear dispute resolution processes. The court was satisfied that the agreement met all the statutory requirements for approval under the relevant industrial relations legislation. Consequently, the court approved the agreement, recognising its balanced approach to the rights and obligations of both the employer and employees.

The final orders of the court were to approve the CBQ BUILDERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. This approval ensures that the agreement can be implemented as a legally binding contract between the parties, providing a framework for the relationship between CBQ BUILDERS PTY LTD and the employees represented by the CFMEU.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established